Legislature to Consider Neutering Counties’ Fertilizer Rules

Sarasota Herald Tribune
ERIC ERNST: Bill would take teeth from local fertilizing rules
http://www.heraldtribune.com/article/20110206/COLUMNIST/102061041/2055/NEWS?p=all&tc=pgall

By Eric Ernst
Published: Sunday, February 6, 2011 at 1:00 a.m.
Last Modified: Saturday, February 5, 2011 at 9:19 p.m.

Contrary to popular belief, or perhaps wishful thinking, a legislative bill in Tallahassee would negate the most important parts of fertilizer rules in Sarasota and Charlotte counties.
Interpretations may vary, but that’s the view of Cris Costello, regional representative of the Sierra Club in Sarasota. She should know. The Sierra Club spearheaded efforts to pass the local laws several years ago to curb the flow of phosphorous and other nutrients into bays and the Gulf of Mexico.
The bill sponsored by two Panhandle representatives would prohibit counties and cities from enacting their own rules. Instead, they would have to adhere to what’s being called “model” statewide legislation, which of course would be weaker and in no meaningful way interfere with business as usual.
The local ordinances prohibit applications during the summer when fertilizer-laden stormwater runoff is most likely to trigger algal blooms such as red tide. They also regulate fertilizer content, setting mandatory levels of slow-release chemicals that are more likely to be absorbed by plants rather than wash into the water.
It makes sense to approach the problem of red tide this way, although if reputable scientific research uncovers flaws in the logic, local jurisdictions can certainly respond with adjustments.
The bill, probably to placate opposition, purports to exempt jurisdictions such as Sarasota and Charlotte that have new rules in place. That assurance is little more than a sham, Costello says.
“The grandfather date applies only to standards not relating to fertilizer content, application timing, application placement and sale,” she wrote in an e-mail.
That means the only parts left of the Sarasota, Charlotte and Lee ordinances would be the standards relating to the management of grass clippings and vegetative material.
“All of the protective standards — rainy season application bans, fertilizer-free buffers, required 50 percent slow release nitrogen — would be eliminated.”
Apparently, having standards that fit the area in which the fertilizer is actually being used is inconvenient to manufacturers and retailers.
They want a one-size-fits-all approach to something that’s not a one-size problem. One of the most compelling reasons to tailor the rules locally is that the drainage patterns and water flows, not to mention the climate, differ from one part of the state to another.
If some businesses can’t adjust to that, too bad for them.
Plenty of smaller, more nimble ventures are ready to take up the slack, as some already have in Sarasota County.
If people want to buy fertilizer, no matter what the formula, companies will respond to produce it and sell it.
And if people use a little less, that’s OK, too, for environmental reasons.
Trying to legislate from Tallahassee, and putting oversight in the hands of the state Department of Agriculture, usurps local control, undermines protection of natural resources and just makes it a lot easier to subvert the process.
It’s probably pure coincidence, but the Lakeland Ledger published an interesting story on Jan 25. Mosaic Co., the phosphate/fertilizer giant, just paid $10,000 for a chocolate hazelnut cake entered by Abigail Putnam in the Polk County Youth Fair Auction. The amount was 10 times larger than any ever received for a cake.
Abigail is the 9-year-old daughter of Adam Putnam, Florida agriculture commissioner.
Eric Ernst’s column runs Wednesdays, Fridays and Sundays. Contact him at [email protected] or (941) 486-3073.

Cargill Sheds Mosaic Stocks

January 18, 2011, 4:08 pm I.P.O./Offerings
Cargill to Split Off Mosaic Unit in Complex Deal

http://dealbook.nytimes.com/2011/01/18/cargill-to-spin-off-its-mosaic-unit-in-complex-deal/?hpw
By MICHAEL J. DE LA MERCED
8:39 p.m. | Updated
Cargill said on Tuesday that it planned to spin off its 64 percent stake in the Mosaic Company, a big producer of important ingredients in fertilizer, leaving Mosaic open for a possible sale at a time when mining and agriculture giants are on the prowl for acquisitions.
The complicated tax-free transaction — worth more than $24 billion — will also help keep Cargill, one of the biggest American companies, private. Cargill will distribute its 286 million Mosaic shares to its own shareholders and debtholders.
Begun in 1865 by William Wallace Cargill with a single grain elevator in Iowa, Cargill has since become a colossus of the global agricultural business. It reported $2.6 billion in earnings on top of $107.9 billion in revenue for its fiscal year that ended May 31.
The corporate parent’s sale of its 64 percent stake in Mosaic comes as big mining companies have been seeking to expand in fertilizer. That interest was amply illustrated by the Australian mining company BHP Billiton’s $38.6 billion unsolicited takeover offer for Potash of Saskatchewan, the world’s largest producer of the fertilizer component.
BHP ended its pursuit in November after Canadian regulators objected to a possible deal. As standards of living improve in countries like China and India, global demand for food is rising and companies that produce fertilizer are being seen as attractive takeover targets.
“The world is not getting less hungry,” James T. Prokopanko, Mosaic’s chief executive, said on Tuesday afternoon during a conference call with analysts.
Mosaic was formed in 2004 from the merger of Cargill’s crop nutrition unit with IMC Global, creating a giant in fertilizer production and leaving Cargill with a 64 percent stake. It is the world’s second-largest potash producer, behind Potash, and owns more than a third of Canpotex, the Canadian entity that controls that country’s exports of the material.
A major component of Cargill’s earnings, Mosaic reported about $8.5 billion in revenue and $1.9 billion in profit for the 12 months that ended Nov. 30. Based in Plymouth, Minn., it has 7,500 employees.
As of Tuesday’s closing price of $85.04, Mosaic had a market value of $37.9 billion.
Years in the making, the spinoff is meant to help both Cargill and Mosaic. It will bolster the liquidity of Mosaic’s stock, as well as give the business greater financial freedom.
Mr. Prokopanko said the spinoff would put more than 50 percent of Mosaic’s shares in public investors’ hands, making the company eligible for listing in the Standard & Poor’s 500-stock index.
It will also help Cargill focus on core operations like grain purchasing and distribution and the making of food ingredients like dressings and sauces, as well as improve its credit rating by paying down debt.
“We’re thrilled about it,” Mr. Prokopanko said in a telephone interview on Tuesday. “I can’t stress strongly enough how this will free us to grow the business.”
But the deal is also aimed at helping diversify the holdings of various charitable trusts and foundations that make up a large portion of Cargill’s investor base, according to people briefed on the matter. Under the terms of a will set up for Margaret A. Cargill, a descendant of Cargill’s founder who died in 2006, the various trusts set up to hold company shares must diversify their portfolios over time.

Under the terms of the transaction, Cargill’s existing shareholders will be given the chance to exchange their holdings for up to 179 million of Cargill’s shares in Mosaic. Cargill will also offer its existing debtholders the chance to swap their holdings for up to 107 million Mosaic shares.
Within 15 months of the closing of the spinoff, Mosaic will hold sales for about 157 million of those spun-off shares. The first such sale would be held immediately after the closing of the deal, which is expected in the second quarter this year.
Any of the 129 million shares not sold during those offerings are subject to a lockup of two and a half years after the spinoff closes. Mosaic expects to fully sell off the newly distributed shares within four and a half years, Lawrence W. Stranghoener, Mosaic’s chief financial officer, said in a telephone interview.
Cargill stressed that a crucial component to the complicated spinoff is an expected sign-off by the Internal Revenue Service regarding the tax-free nature of the deal. But Mosaic and Cargill would entertain a takeover offer for the business if it were high enough to compensate for the loss of any tax benefits incurred in that transaction, the people briefed on the matter said.
The deal was approved by a special committee of the Mosaic board, but must still be voted on by a majority of its non-Cargill shareholders.
Cargill was advised by Credit Suisse and the law firm Fried, Frank, Harris, Shriver & Jacobson, while the company’s special board committee was advised by JPMorgan Chase and the law firm Simpson Thacher & Bartlett.
The Cargill charitable trusts were advised by UBS and the law firm Loeb & Loeb.

Abandoned Gyp-Stack Reclaimed for Industrial Site at Port Manatee

Manatee’s environmental scourge recast as asset
http://www.heraldtribune.com/article/20110106/ARTICLE/101061069/2416/NEWS?Title=Manatee-s-environmental-scourge-recast-as-asset

Sarasota Herald Tribune

STAFF PHOTO / TOM BENDER
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Eastport Terminal manager Jeff Barath says, “the remediation and redevelopment of the former Piney Point Phosphates facility has taken great vision and resolve by HRK. Purchasing the site in 2006 as a dilapidated chemical plant we had to spend the next three years just addressing environmental clean up and demolition before we could begin any new development.”

By Kate Spinner
Published: Thursday, January 6, 2011 at 1:00 a.m.
Last Modified: Wednesday, January 5, 2011 at 9:00 p.m.

PALMETTO – Across U.S. 41 from the Port of Manatee, a large grassy hill looms unnaturally over the flat landscape, overshadowing a cluster of new industrial silos.

Click to enlarge
A view of the lined reservoirs up top on the old gypsum stacks. The reservoirs will be used to store dredge waste from the Port Manatee expansion and will eventually be capped.

Click to enlarge
A view of the new geodesic dome structures housing fertilizer used in today’s agriculture industry.
No trace remains of the fertilizer plant that operated here for 40 years, or of the company that drove it into bankruptcy and left behind a $144 million environmental disaster for taxpayers to shoulder.
But even as new owners try to recast this property as Eastport Terminal, the road here still bears the infamous name Piney Point.
And the grassy hill? A slightly radioactive phosphogypsum stack that once held 1.2 billion gallons of toxic water behind crumbling walls, it stands as testament to Piney Point’s history.
The name conjures memories of a litany of environmental problems, culminating in an unprecedented emergency in 2003, in which the state dumped millions of gallons of the fertilizer processing wastewater into the Gulf of Mexico to keep it from cascading onto nearby land and into Tampa Bay.
Before that, there were industrial accidents leading to employee deaths, toxic spills that forced area evacuations and a sulfuric gas leak that caused illness in the community.
Today the land is transforming into a potential economic asset, a pioneering model, state officials hope, for two dozen similar sites statewide that are contaminated with the toxic byproducts of phosphate fertilizer production.
The new silos are partially filled with 30,000 tons of imported fertilizer. A nearby warehouse holds tons of salt, the kind used in swimming pools. Hundreds of acres in the shadow of the gypsum stack are available for more bulk storage or light manufacturing.
After a decade of work, the state considers the site safe for new industry and has handed responsibility for cleaning up the small amount of remaining contamination to the new owner, HRK Holdings, LLC.
“It’s a success story at this point, in terms of having the work created there and having the site fully transition to the new owner,” said John Coates, deputy director of the Department of Environmental Protection’s water resource management division.
But for environmental groups, the story is less about success than it is about coping with the state’s bitter, ongoing legacy of phosphate mining and fertilizer production on thousands of acres of land in Southwest and Central Florida.
In 2001, Piney Point looked like it might become the state’s biggest environmental disaster. Mulberry Corporation had abandoned the property with highly acidic water stored precariously behind berms of radioactive phosphogypsum — the two by-products of turning phosphate rock into phosphoric acid for fertilizer.
Making matters worse, a tropical storm that year dumped 19 inches of rain over the property. The berms holding the acid water began to pit and erode. Three more inches of rain, and the toxic water would have breached the berm and spilled into nearby Bishop Harbor, a shallow estuary of Tampa Bay.
In emergency mode, the state made some tough, costly and controversial decisions to prevent a cataclysmic disaster.
Among the most controversial, the U.S. Environmental Protection Agency permitted the state to dump 500 million gallons of fertilizer process water into the Gulf after treatment and and neutralization. About 248 million gallons were dumped 100 miles offshore in the summer and fall of 2003. The water was considered too high in nutrients — these enhance algal blooms — to release into Bishop Harbor.
Later, the state treated the remaining waste water for direct disposal into the harbor, using portable reverse-osmosis filters.
The new owners are optimistic about the future of Piney Point as Eastport Terminal, a distribution center that will feed off the expansion of the Port of Manatee this year, said manager Jeff Barath.
Barath first stepped on the property in 2003 as an environmental compliance consultant working for DEP. His first reaction was “what a mess.” Now he sees opportunity in the revived landscape, a rare break in the norm where tarnished land is simply covered and left to sit unused.
Piney Point still contains mountains of phosphogypsum that must remain untouched and covered in grass. The gypsum is acidic and too radioactive to be used for other purposes, such as roadfill or wallboard.
But not all of Piney Point is marred. It also has undeveloped acreage ideal for industry. Its location across from the port and close to two major interstates makes it ideal for distributing international goods, Barath said.
HRK bought the 680-acre property for $4.3 million in 2006. While the state took responsibility for most of the cleanup, HRK contributed $3.8 million. The company also must maintain the phosphogypsum stacks indefinitely, at an estimated cost of $250,000 annually, as about 100 million gallons of acidic wastewater evaporates or is treated and drained.
The DEP lined the reservoirs that once held toxic water with rugged plastic to keep contaminants out of the groundwater. The lined reservoirs will be used to store dredge waste from the port expansion and will eventually be capped.
HRK cleared the site of decaying infrastruction, recycling the metal to pay for cleaning up the old factory.
The property also came with industrial infrastructure — plumbing to electric — and industrial use allowances, including permits for 390 truck trips on site per day.
Art Roth, in the fertilizer marketing business for 61 years, was the catalyst behind the sale. When Manatee said it was not interested in buying the property, Roth notified investors he knew who specialized in turning around troubled property.
Three investors formed HRK and Roth was appointed the company’s local representative. “It’s not pretty, but it’s industry,” Barath said. “It’s a perfectly engineered industrial facility.”
A large portion of the $144 million the state paid for cleaning up the site came from taxes paid into a trust fund by the phosphate industry. But those funds were intended for restoring land that was mined before 1975, when environmental laws requiring restoration went into effect. Piney Point diverted about $50 million of the funds, setting back progress on other projects. Also, the state Legislature spent money from the general fund.
The trust fund now holds about $47 million and mine reclamation is back on track with about $23 million in projects ongoing.
The Piney Point fiasco prompted legislative change in 2005. To shield taxpayers from being saddled with another Piney Point, phosphate companies must report their finances quarterly to the DEP and keep enough in savings to cover the cost of closure.
But some still worry that laws aren’t strict enough, and that the savings required aren’t enough to avoid the same type of disaster.
“It’s a wait-and-see and keep your fingers crossed that the next company doesn’t go belly-up and walk away,” said Glenn Compton, president of the local environmental group Manasota-88.

Scott names development exec. as top Fla. planner

Scott names development exec. as top Fla. planner
http://www.miamiherald.com/2011/01/05/2002403/scott-names-development-exec-as.html
By BILL KACZOR

Associated Press
TALLAHASSEE, Fla. — Gov. Rick Scott named a development company executive as Florida’s next planning chief Wednesday and brought Kurt Browning out of retirement to again serve as secretary of state.
Scott also announced that Michelle Rhee, known for firing teachers who got poor appraisals when she headed Washington, D.C.’s school system, will continue as his informal education adviser.
A day after taking office, the new Republican governor appointed Billy Buzzett as secretary of the Department of Community Affairs. He comes from The St. Joe Company, one of Florida’s largest private landowners, where he was vice president of strategic planning.
Buzzett’s appointment predictably won applause from the business sector, but it also drew praise from an environmental leader.
“That’s actually a good thing,” said Audubon of Florida executive director Eric Draper. “I’ve walked the woods with him. I know he has a personal feeling for the specialness of Florida’s environment.”
Buzzett’s marching orders include advising Scott on how to align the planning agency’s functions with those of other state agencies. Scott noted in a news release that Buzzett served on a transition team that recommended merging Community Affairs with the departments of Transportation and Environmental Protection.
It’s an idea environmentalists oppose because they fear it would dilute protection of Florida’s natural resources, but Draper predicted it would be a nonstarter in the Legislature.
During his campaign, Scott accused Community Affairs, which is responsible for enforcing Florida’s growth management laws, of inhibiting development and being a job-killer.
“Billy is focused on helping me make government smaller, less intrusive and consistent with efforts to increase investments in Florida and spur job creation,” Scott said in a news release.
Buzzett will replace Tom Pelham, who fired a parting shot at Scott and other critics Monday by saying it’ll take decades to use up development capacity the department has approved over the last four years under ex-Gov. Charlie Crist.
Pelham’s final report shows the department has approved planning amendments that will permit more than a million new housing units and 2.7 billion square feet of nonresidential construction. Pelham said some local plans were revised because they failed to provide for roads, utilities and other infrastructure or allowed construction in inappropriate places.
Florida Chamber of Commerce president and CEO Mark Wilson said Buzzett’s appointment is “fantastic news for us.” He said it’ll encourage major developers who shunned Florida because of the department’s policies to take another look at the state.
Wilson said he anticipates a reversal of the focus on funneling growth into urban areas and open rural areas to development needed to accommodate a predicted growth in Florida’s population by two million people over the next decade.
“That’s where smart growth can happen and needs to happen,” Wilson said. “We don’t have room for them in the cities.”
Scott has spoken often of seeking outsiders like himself, but Buzzett is a familiar face in Tallahassee. The attorney worked for the Legislature, was Gov. Bob Martinez’s general counsel and served as an administrative law judge and executive director of the 1998 Constitution Revision Commission before going to work for St. Joe.
Browning retired last May, as required by the Deferred Retirement Option Program, which lets top employees draw retirement benefits as well as a full salary. He can be reappointed, though, after sitting out at least six months.
Rhee, who advised Scott during his transition, said in a statement that she was proud to work with leaders who support holding schools and teachers accountable for student achievement.
“Florida is leading the country in areas such as information about school performance, and we look forward to helping Gov. Scott push the envelope in promoting innovative policies,” Rhee sai

Read more: http://www.miamiherald.com/2011/01/05/2002403/scott-names-development-exec-as.html#ixzz1AISlm0Bi

Phosphate worker saw six name changes at Bartow phosphate plant

The Lake Wales News
01/01/11

Retiring after all these years

PHOTO BY BILL RETTEW JR. Scott Marshall Smith (left) accepts an award for his 57 years of service at Mosaic Wednesday from Plant Manager Jeff Golwitzer. The Mosaic plant in Bartow had a retirement party for him.
By BILL RETTEW JR.
Staff Writer
Published:
Saturday, January 1, 2011 10:06 AM EST
Most of more than 100 fellow employees raised a hand at Scott Marshall Smith’s retirement party to confirm that they were not yet born when he started working at Mosaic in Bartow.
The Lake Wales resident was around long enough to witness six name changes at Mosaic’s Bartow plant, one of the world’s largest producers of phosphate and potash.
Smith retired on the 57th anniversary of his hire date in 1953 to much fanfare and smiles from co-workers.
The plant once employed up to 1,200 employees, but thanks to technological improvements, now 373 workers toil at a 15 times larger plant.

Prior to automation, and since Smith started as a sulfuric operator testing and filtering sulfur, the 550-ton sulfuric acid plant has grown to three 2,500-ton sulfuric acid plants on the 100-acre site, surrounded by 10,000 acres of company owned reclaimed land and mines.
The retiree witnessed those technological changes first hand. The employees originally counted on pneumatic air tubes to help operate the plant. Now computers run the process.
When the 19-year-old started, safety glasses, steel toed boots and protective headgear were not required on the job.
“There was an operator for every little job,” said Smith, “and many jobs were combined into one.”
Plant Manager Jeff Golwitzer said the plant became much more productive and efficient during Smith’s tenure in order to compete with companies hiring overseas workers at lower wages.
“I just changed with the times,” said Smith. “I never did mind coming to work.

“If I did, I would have left.”
Before safety gear became mandatory, employees didn’t punch a time clock at the phosphate plant.
“We’d trade off if we needed some time off,” said Smith. “They were just happy we got the job done, no matter who did the work. We’d even sign each other’s names.”
Times also changed outside the workplace and in Polk County.
“People were more friendly,” said the 76-year-old. “You knew your neighbors much more then.
“We didn’t lock the house and left the car keys in the car, but you couldn’t do that now.”
Smith is married to Carolyn, father to Scott Jr., and grandfather to Scott III, Julie and Jonathan.
So why did the fisherman and clay target sportsman stay at one job?
At first he intended to get “a real job” when he turned the required 21 years old to work for the telephone or power company.
After working at Publix and for the school board, Smith started out earning $1.67 per hour at the phosphate plant.
“I was paid a fair wage and had job security and stability,” said Smith.
While Smith worked more than a half century at the same place, he’s not an atypical Mosaic employee.
The average employee at the Bartow plant has been on the job for 18 years and is 55 years old.
Hank Crowley worked with Smith.
“Sometimes you spend more time with the employees than you do with your family,” said Crowley.
Bill Scott is a 33 year vet at Mosaic.
“He’s like a fixture,” Scott said about Smith. “It’s kind of like having your family and your grandfather out here.”
Fellow employees seemed in awe of Smith’s endurance and fitness. Plant manager Golwitzer first met his co-worker in the on-site gym. Several fellow workers smiled when they talked about chasing Smith up the facility’s many stairways.
Bernie Kerber has worked with phosphate and Smith for 34 years.
“No way, I’m not in half as good shape,” said Kerber. Most who spoke said they hope to be as healthy when they choose to retire.
Golwitzer presented the retiree with several awards, framed photographs and presented a slide show.
“With his dedication and fortitude, he’s an inspiration for all of us,” said Golwitzer.

3PR News: Massive Sinkhole Opens in Lithia

The first radio reports I heard on this event is that the landfill was built on “a former phosphate mine” site. I don’t see any further reference to that fact in current reports….

Lithia is the regional headquarters of Mosaic.

Posted: 1:14 PM
Last Updated: 1 hour and 30 minutes ago
http://www.abcactionnews.com/dpp/news/region_hillsborough/leaders-looks-for-solution-to-massive-sinkhole

• By: Ellen McNamara
HILLSBOROUGH COUNTY, Fla. – Today, the Department of Environmental Protection plans to hold a meeting with Hillsborough County leaders to figure out how to fix a massive sinkhole under the Southeast Landfill in Lithia.
The last time we checked with Hillsborough County, the hole was about 60 feet deep.
Even before the meeting this afternoon, the DEP sent a letter to the Hillsborough County Solid Waste Management Department outlining what the county needs to do to ensure the groundwater is safe to drink.
The letter outlines eight different steps, and Michelle Van Dyke with Public Utilities, says the county is doing everything they have been told.
The DEP wants crews to take samples of water at different wells around the 3300 acre site. The samples have to be collected on a daily basis.
Workers also are required to monitor storm water and wells off site on private property near the landfill.
The gas collection system near the sinkhole has to stop operating, but other collection sites can continue working.
As for what caused the sinkhole, geologists working with the county say they are not sure.
Van Dyke says the Florida Aquifer, which flows 130 feet below the surface of the landfill, appears to be fine. The sinkhole formed on a mound about 45 feet above ground.
Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Leaders look for solution to massive sinkhole
Source: abcactionnews.com

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3PR News: DCA Leader Resigns

The DCA takes part in the phosphate mining process – reviewing all county comp plan amendment proposals and allowing the public their opportunity to comment….

Community Affairs Secretary: There Goes the Scapegoat
http://www.theledger.com/article/20101209/EDIT01/12095006/1036?p=all&tc=pgall
Published: Thursday, December 9, 2010 at 12:01 a.m.
Last Modified: Wednesday, December 8, 2010 at 12:28 a.m.
( page all of 2 )
They won’t have Tom Pelham to kick around anymore. The respected secretary of the Florida Department of Community Affairs has resigned.
It is Florida’s loss, because Pelham has not only been an environmental and growth-management visionary, he has proved to be an adept-and-willing compromiser over the years, especially with the state’s insatiable growth-and-development machine.
It is clear Pelham had no future under incoming Gov. Rick Scott — and maybe would not have had one even if Scott hadn’t been elected, given the Legislature’s disdain for the DCA and Pelham. Nonetheless, Scott was elected and during the election the governor-elect branded the DCA a “jobs killer” for its role in monitoring compliance with the state’s Growth Management Act.
It was a bogus charge, of course, aimed solely at trying to provide the teetering development sector with someone to blame for its greed and lack of restraint. There is very little evidence to suggest that overregulation has slowed down Florida’s growth machine.
The DCA has stopped, or scaled down, some developments that city and county governments approved. While that was happening, hundreds of thousands of new homes and retail spaces were created. It’s the economy — not The DCA — that left them empty.
CLASS ACT TO THE END
To his credit, Pelham has not been shy about defending his department against relentless criticism from Scott and other politicians. In fact, Pelham has been an activist DCA secretary, getting personally involved in those cases he thought were important to Florida’s long-term growth management. In September 2007, Pelham came to Lakeland to hear the concerns of citizens about CSX Transportation’s plan to run more — and longer — freight trains through downtown. He always conducted himself with class and conviction.
Even in the end.
“I think it’s extraordinarily unfair … to give us the responsibility to enforce the laws written by the Legislature and then point the finger of blame at us when we do what we’re charged under the law to do,” Pelham said recently. “It’s very discouraging to public servants, who are given a mission and responsibility to enforce laws enacted by others, to be constantly bashed for doing their job.”
Pelham will leave behind a department under siege. Lawmakers have relentlessly chipped away at Florida’s landmark Growth Management Act. And it is likely that the DCA will be abolished outright, all but ending Florida’s three-decade-long attempt to more wisely manage land use and development.
What will the politicians do for a scapegoat after Pelham and the DCA are gone

3PR News: Miners Dig In for a Fight ( The Wall Street Journal)

Environmentalists Say Phosphate Mining Threatens Florida Wetlands, Farmland

NOTE: ARTICLE FULL OF VERY DETAILED IMAGES
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By MIKE ESTERL
Mike Esterl/ The Wall Street Journal
Phosphate is extracted at Four Corners Mine in central Florida.
WAUCHULA, Fla.—The phosphate mined for more than a century here in central Florida to make fertilizer has yielded thousands of jobs and countless harvests around the world.
But environmental groups are arguing in federal court that the cornucopia extracts too high a price in lost wetlands, spoiled water supplies and ruined farmland.
The Sierra Club and local environmentalists have slammed the brakes on an 11,000-acre mine extension planned by industry giant Mosaic Co. after securing a court injunction in July—the first such ruling in a state that supplies approximately 70% of U.S. phosphate rock for fertilizer. Mosaic is appealing the ruling.
At the same time, the U.S. Army Corps of Engineers plans to begin an environmental review early next year to determine the cumulative impact of phosphate mining in this region—the first such study in Florida since 1978.
The hurdles are threatening jobs in a local economy that is struggling to emerge from recession. Phosphate mining directly employs about 4,000 people in four Florida counties, generating an estimated 20% of the world’s phosphate fertilizer.
In Hardee County, where Mosaic’s mine extension is located, the unemployment rate has more than doubled to 15% since 2007. On the main street of Wauchula, the county seat, about half the store fronts are vacant. “I would hate to see anything happen that prohibits mining,” said Terry Atchley, chairman of the county’s board of commissioners.
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Mike Esterl/The Wall Street Journal
Phosphate mining in four Florida counties employs about 4,000 people and produces about 20% of the world’s phosphate fertilizer.
Phosphate companies own nearly a quarter of the land in Hardee County, or about 120,000 acres.
Phosphate is extracted from “Bone Valley,” an ancient fossil bed where the nutrient-rich mineral lies. Seven-million-pound “draglines” create vast open-pit mines by digging often 50 feet or deeper with 300-foot-long booms and shovels large enough to cradle trucks. The mix of rock, clay and sand extracted is then separated, before the phosphate is combined with sulfuric acid to produce fertilizer.
Environmentalists say such mines damage wetlands and harm the area’s dwindling water supply. In addition to using water to process phosphate, large areas of clay left behind are less permeable and can block underground water flows. Past spills from such areas have polluted rivers, killing fish.
Critics say the strip mining also renders large tracts of land unusable for agriculture for many years. They also warn of health risks from increased radiation levels, because the mining brings radioactive materials closer to the surface.
“We’re trying to ensure that it’s done more responsibly in the future,” said Percy Angelo, chairwoman of the Sierra Club’s phosphate committee in Florida.
Mosaic says it’s responsible for less than 10% of the region’s groundwater usage and that it carefully rehabilitates mined lands. It also says the proposed South Fort Meade extension in Hardee County has been reviewed by 14 local, state and federal agencies since 2003, producing more than 100,000 pages of documents.
“We are a highly regulated industry,” said Richard Mack, general counsel of Plymouth, Minn.-based Mosaic, the world’s largest producer of phosphate fertilizer.
Mosaic, majority-owned by Cargill Inc., estimates its reserves are sufficient to continue mining for another 40 years in Florida. But it only has enough permits to cover about 10 years. The contested South Fort Meade extension would roughly double its permitted reserves.
After a Jacksonville court halted the South Fort Meade extension, Mosaic published advertisements in local newspapers warning it would have to lay off more than 200 workers. That struck a nerve in Hardee County, where mining jobs are among the highest paid and per-capita personal income is barely half the national average. Mosaic has nearly 300 workers in the county, making it the third-largest private-sector employer after a medical rehabilitation center and Wal-Mart Stores Inc. CF Industries Inc., a smaller phosphate miner, ranks fourth.

“A lot of families are relying on their miner fathers,” said Zakk McClellan, 21 years old, who buses tables in a Wauchula restaurant and is critical of environmentalists.
Conservation groups have fought back, publishing their own advertisements in local papers and arguing that more jobs would be generated if the land was used for agriculture.
Since 1975, Florida has required phosphate companies to reclaim each acre of land that it mines for other purposes and replace wetlands. By the end of 2008, 69% of the 184,681 acres mined since 1975 had been reclaimed, according to the Florida Department of Environmental Protection.
Mosaic says about 95% of the 30,000 acres it has reclaimed in the past decade have been converted to pasture land for more than 4,500 head of cattle.
Earlier this month, it also unveiled plans to build a 140-room luxury resort—with two 18-hole golf courses designed by Ben Crenshaw—on 16,000 acres of formerly mined land. The Polk County resort is scheduled to open in 2013.
The Environmental Protection Agency says the three-decade-old environmental-impact statement on phosphate mining in central Florida is outdated and that a comprehensive review will allow for better decision-making. The new study will take 18 months to complete, according to the Corps.
Federal regulators also decided to take a closer look after the Gulf Coast counties of Charlotte, Lee and Sarasota contested phosphate projects in state courts in recent years, arguing that further inland mining could threaten their shared drinking-water supply and harm coastal estuaries.
In late October, environmentalists reached a temporary truce with Mosaic, allowing it to mine an initial 200 acres at the contested site in return for avoiding some wetlands. The new acreage amounts to about four months of mining, postponing the immediate threat of big layoffs.
Despite the tough economy, some locals support the push for greater scrutiny and are skeptical that the industry has been doing enough to clean up after itself.
“I’m not a big supporter of the Sierra Club,” said Kenneth Jinwright, 58, a postal worker in Wauchula. “But if they can bring light to this, it’s probably a good thing.”
Write to Mike Esterl at [email protected]

Phosphate lawsuit: In hard-hit Hardee County, it’s wetlands vs. jobs

By Steve Huettel and Craig Pittman, Times Staff Writers
In Print: Sunday, November 21, 2010
Read article here

FORT MEADE — After a hitch in the Navy and work handling psychiatric patients in lockdown, Billy Griffis held a prized job in this corner of rural Central Florida. • Mosaic Fertilizer paid him $42,000 last year as “wrencher” laying big pipes and fixing pumps at its South Fort Meade phosphate mine. Griffis, 35, didn’t worry about job security. Fertilizer prices soared in recent months, and the world’s largest phosphate fertilizer producer hadn’t laid off a worker during the mine’s 15-year history. • That changed in September. After the Sierra Club and two Florida environmental groups won a federal court ruling to stop work on new section of the mine, Mosaic warned that hundreds of jobs were at risk, then cut 60. The company blamed the Sierra Club. Environmentalists shot back that Mosaic was playing hard-ball to sway public opinion. • The two sides worked out a deal that will bring all the employees back for a while. But neither is ready to quit. Too much is at stake.
Mosaic says it could run short of Florida phosphate without the Fort Meade expansion. Workers worry they’ll be back out of work in a drum-tight job market if the environmental groups win in court. Environmentalists hope a rare court victory will force mining regulators to get tougher with the state’s powerful phosphate business.
• • •
The groups sued the U.S. Army Corps of Engineers on June 30, challenging a permit it gave Mosaic to destroy 500 acres of wetlands in an extension of the mine into Hardee County. The next day, U.S. District Judge Henry Lee Adams Jr. ordered a temporary ban on mining wetlands on the 10,855-acre site.
Within days, Mosaic said it would be forced to close the mine and notified 221 workers they faced layoffs in 60 days unless the judge lifted the order. Instead, Adams indefinitely continued the ban, saying the company could still mine upland areas for as long as two years.
Mosaic called it impractical to navigate massive draglines around pockets of wetlands and still mine enough phosphate to make economic sense. But laidoff workers began returning last week, after the agreement with environmentalists to let Mosaic dig 200 acres that had been prepared for mining before the lawsuit.
That gives employees four months of work while the battle grinds through the courts. What happens next lies in the hands of a federal appeals court in Atlanta.
• • •
Environmentalists say mining those wetlands at South Fort Meade will cause more damage than it’s worth. They contend it will lower the level of the already-drained Peace River and the underground aquifer, affecting the local water supply.
Also, destroying wetlands that filter pollutants from stormwater runoff could foul the river that empties 100 miles south into Charlotte Harbor, they say. The river is vital to maintaining the harbor’s delicate salinity that hosts endangered species as well as thriving commercial and recreational fishing.
Mosaic is counting on the South Fort Meade mine expansion to produce 30 percent of the rock that its Florida plants process into diammonium phosphate fertilizer, known as DAP. Without the new mine, Mosaic might have to import rock from Morocco or Peru at a higher cost to keep its fertilizer plants running at full capacity.
Any decline in production at Mosaic, which employs 3,000 in Florida, would ripple through contractors and vendors: welders, equipment mechanics, suppliers of bulk chemicals such as liquid ammonia.
Phosphate mining in Central Florida made Tampa a port city in the 1880s and still plays a big role supporting the maritime business.
The phosphate and fertilizer industry generated one-third of the 38 million tons of cargo that moved through the port last year. It supports more than 67,000 jobs in the region, reported a 2006 study commissioned by the Tampa Port Authority.
“It’s a singular industry,” says port director Richard Wainio. “Florida doesn’t have a lot of big industries, and this is at or near the top of the pile as far as economic benefit for the state.”
Judge Adams’ ruling, believed to be the first court order to stop a Florida mining operation, delighted environmentalists like Dennis Mader of the Protect the Peace River, a plaintiff in the lawsuit.
“For years and years, the phosphate industry has ridden along on the short-term economic benefits in the form of jobs, business at the Port of Tampa and contractors,” said Mader, a resident of Hardee County. “Everybody’s excused the environmental damage that’s endemic in their method of operation.”
U.S. Rep. Adam Putnam, the Bartow Republican elected Nov. 2 as Florida’s agriculture commissioner, on the other hand, contends that environmentalists are out to kill the golden goose.
“If you’re serious about putting Florida back to work, why in the world would you eliminate one of its largest employers?” he told the Suncoast Tiger Bay Club in September.
• • •
It’s not unusual to find families with two or three generations of men who have worked the mines in the vast rural landscape where Polk, Hardee, Hillsborough and Manatee counties come together. They might have played for or against South Fort Meade High School’s football team, the Fighting Miners.
Citrus and cattle dominate the local economy outside mining. Without a college degree, it’s tough even to find work that pays a little over minimum wage, says Griffis, who returned to his job at the South Fort Meade mine Monday.
Unemployment in his home county of Hardee hit 14.8 percent in September, tied with Hernando for the fourth-highest rate among Florida’s 72 counties. While unemployed, Griffis applied for jobs with the city of Wauchula, the county seat and the local McDonald’s. None was hiring.
Clay Farris hoped to be back at work as a Mosaic conveyor operator this week or next. On unemployment since September, he has burned through $5,000 in savings and stopped making $1,300 mortgage payments on his house in Frostproof.
The lawsuit has sparked friction within families. Farris, 32, was borrowing his brother-in-law’s truck but something on the bumper stopped him in his tracks: a Sierra Club sticker.
“That got ripped off plenty quick,” he says. His brother-in-law, a beekeeper, dropped his membership.
Last week, Mosaic announced plans to launch a new business near Fort Meade. The company will build a luxury golf resort on 2,000 acres of restored mine land. Building the golf course, clubhouse and guest villas at Streamsong Resort will employ hundreds of construction workers, Mosaic says. A hospitality management company will employ at least 200 people by the opening, scheduled for fall 2013.
“Without Mosaic’s help,” Griffis says, “Hardee County would turn into a ghost town.”
• • •
Formed by a 2004 merger between IMC-Global and Cargill, Mosaic first applied for the federal permit for the South Fort Meade mine expansion four years ago, after three years of reviews by local and state agencies gave it a green light.
The Corps of Engineers at last approved a permit that allowed Mosaic to souffle more than 500 acres of wetlands or open water. To make up for the environmental damage, the corps required Mosaic to create about 480 acres of new wetlands — something scientists say is often difficult, if not impossible.
The corps’ own rules require looking for less environmentally damaging alternatives when a project does not have to be built in wetlands. If the agency relies on the applicant to do that analysis, then the corps must double-check the work.
But according to the U.S. Environmental Protection Agency, Mosaic and the corps failed to meet their responsibilities. For example, the EPA said, Mosaic should have considered a smaller mine that wouldn’t destroy so many wetlands. And the corps didn’t independently verify the company’s findings.
The EPA declined to use its seldom-invoked power to veto the permit. But the agency’s objections to the corps helped persuade Judge Adams to block further mining while the corps must start over on a crucial part of the Mosaic permit application.
Environmental and civic groups, alarmed by the phosphate industry’s water use and waste products, have been calling for a decade for the corps to launch a regionwide study of the environmental impact of mining. Instead, the corps has looked only at each permit application on its own.
But the suit over Mosaic’s permit contended that past mining has contributed to tremendous environmental degradation in Central Florida. It cited the corps’ own findings that phosphate mining had led to the loss of 343 miles of streams and 136,000 acres of wetlands in the Peace River region, as well as a decline in the Floridan Aquifer of up to 50 feet within the Peace River watershed.
After Adams’ ruling, the corps finally agreed in August to spend about 18 months on a regional study of phosphate mining’s impact on the environment. The reason: In addition to the South Fort Meade mine, the corps has pending wetland destruction permit applications for 11 more new mines, which it says “may result in significant cumulative environmental impacts in the future.”
Despite the contentions of Putnam and other pro-mining advocates, “it’s not our intention to stop mining,” said Glenn Compton of ManaSota-88, another plaintiff in the Mosaic suit. “We just want to make it a better process.”
Mosaic worker Farris insists environmental groups go too far when they endanger people’s livelihoods.
“I’m all for the environment,” he says. “I love to hunt and fish. I take my kids out on the boat. I love camping. But people have got to have jobs.”
Steve Huettel can be reached at [email protected] or (727) 893-8128.

[Last modified: Nov 20, 2010 12:43 AM]
Copyright 2010 St. Petersburg Times

3PR News: Streamsong, The Emperor’s New Clothes

Hold your nose and check out how Mosaic’s new “Streamsong” resort is being marketed….

http://www.streamsongresort.com/

Click here to read article in PDF format
Text format follows:
Welcome to a new kind of resort. Miles from what you might expect to find in Central Florida, Streamsong is the ideal destination for relaxation, restoration and, most of all, renewal. Here, the natural beauty of Florida sets the stage for escape amid pristine lakes and gentle streams. Streamsong’s guests are welcome to enjoy not only premium resort features like world-class golf and fine dining, but also enrichment programs centered on the arts, wellness, nature and more.

It’s the redefinition of resort. Explore the great outdoors, and also learn about the surrounding ecology. Pamper yourself with spa treatments, or find a new voice in a writing workshop. Far from your typical destination, Streamsong is a place to immerse yourself in any number of experiences, and come away enriched.

At Streamsong, outdoor opportunities abound, including two 18-hole golf courses, unparalleled Florida bass fishing, and hiking and biking on nature trails – to name just a few.

Guests can also take part in activities that elevate the mind and spirit. From wellness to culinary learning, and from gardening to fine arts, immersion programs will be offered in partnership with Florida’s best and brightest.

Whether enjoying fine dining, taking in an unfettered view of the stars from the rooftop garden or embarking on a nearby nature excursion, these unique offerings will make your stay at Streamsong an experience without equal.